Indonesia is a party to various conventions relating to IPRs such as the Berne Convention, Paris Convention, Convention Establishing the World Intellectual Property Organization, WIPO Copyrights Treaty, International Convention for the Protection of New Plant Varieties, Patent Cooperation Treaty, and World Trade Organization (“WTO”) Agreement including the Agreement on Trade-related Aspects of Intellectual Property Rights (“TRIPs”). To fulfill the provisions of TRIPs, Indonesia has enacted 7 laws relating to IPRs , namely patent s, marks, industrial designs, trade secrets, IC lay-out designs, plant varieties and copyright & related rights.
Effective as of 1 August 2001, Indonesia enacted a Patents Law (Law Number 14 of 2001), in compliance with TRIPs. Local patent applicants can apply patent applications to the Directorate General of Intellectual Property Rights (“DGIPR”), the Department of Law and Human Rights. Foreigners must apply through a patent consultant in Indonesia. DGIPR recognizes international application entering the national phase (PCT application). To obtain a patent, the invention must satisfy the criteria: novelty, inventive step and industrial applicability.
The Patents Law provides 2 types of patents:
· Standard Patent which protects an invention with claims consist of process/manufacture, machine/apparatus, product, composition of matter (including chemical compound and microorganism). The term of standard patent protection is 20 years from the filing date and non renewable;
· Simple Patent which protects the invention of new apparatus, equipment or product that have practical value because of its shape, configuration, construction or composition. The simple patent has a term of protection for 10 years from the filing date and no extension.